Terms and Conditions Smallbiz-webs
We are adding new services - please note - the below is applicable for starter website subscription services only
In simple words
The "website subscription" service is offered through the internet as an online service (website-as-a-service) by the company Smallbiz-webs, a trade name of Smallbiz-webs. The use of Smallbiz-webs is subject to the following conditions. By using Smallbiz-webs, you agree to this. Deviations from these terms and conditions are binding only if they have been accepted by Smallbiz-webs in writing. >> See also our See also our Privacy Statement
If you accept Smallbiz-webs service offering, your relationship with us will be governed by this document, so it is very important to understand it. We may change these conditions from time to time and only changes as indicated this document, will be applicable to our relationship.
Article 1. Use of the service
1. In order to use Smallbiz-webs services, you must first sign a yearly subscription agreement (after you approve the concept website).
2. Smallbiz-webs will create and publish your website in return for a yearly fee for the minimum period of 1 year.
3. We can setup a business e-mail account for you and redirect e-mail communications in and outbound through your existing or Gmail account. If you have no Gmail account, we will create one on your behalf.
This agreement between us will be applicable as soon as you have accepted the concept website (website mock-up).
4. When you use this service you must block access to your account by username and password for unauthorized persons. In particular, you must keep the password strictly secret. Smallbiz-webs may assume that everything that happens from your account after login with your username and password is under your guidance and supervision. You are thus liable for all these actions unless you have reported to Smallbiz-webs that someone else knows your password.
You will be held responsible if someone else use your username and password, so keep it safe and confidential!
5. Each website will consist of a maximum of 16 pages, for example a Blog, and will feature up to 6 images sourced by us: "home", "contact", "request a quote" (this can be combined with the Portfolio page), "About us", "Portfolio/recent projects" (maybe per sector), "References" (this can be combined with the Portfolio page), "Our services in a nutshell" and a "FAQ" page.
6. We will make every effort to complete the design of the website between 2-6 weeks after approval of your concept website. You are entitled to receive up to 1 hour of additional design work or 1 hour of consulting per month.
Your website may have up to 16 pages and we will supply up to 6 images to place on it. After you approved the concept website, we will do our best to complete the actual design within 2-6 weeks. You will have 1 hour free design or consultation time with us every month.
8. For all content provided by you for your website; You shall indemnify us in relation to all costs, claims, losses and expenses that we may incur as a result of any claim that our use of your content (including images) infringes any third party rights or breaches any applicable laws.
Except for the 6 free images, you must provide all other content to be used on your site and you are accountable for all legal issues and possible costs regarding this content. If we feel the content might breach our agreement, is illegal or in bad taste, we will not use it.
If you need us to help you to get content, we reserve the rights on it.
You must provide us with your own Terms and Conditions of your site.
9. Additional services (optional). We can also assist you with the following services.
- A short video approx.1 min. > €11 one off.
- Marketing Google Adds/Local market place advertisement from €15 to unlimited € p/m.
- Linking of payment systems (free of charge).
- Website Chat function (Free of Charge).
- Content writing (no set pricing).
List of extra services we offer at additional cost.
Article 2. Rules of use
1. It is forbidden to use Smallbiz-webs for acts that violate Irish/EU or other applicable laws and regulations. This includes storing or spreading through the service of information that is fragile, defamatory or racist.
2. In addition, Smallbiz-webs is prohibited from offering or distributing Materials that:
- Violate copyright, or hyperlinks to such information;
- Help others to violate the rights of third parties, such as linking to hack tools or explanation of computer crime that is apparently intended to enable the reader to commit the specified criminal behaviour and not to be able to deal with it to defend;
- Violate the privacy of third parties, for example by distributing third party personal data without the consent or need of third parties or repeatedly harassing third parties with this unwanted communication;
- Are indisputably fragile, defamatory, offensive, racist, discriminatory or hateful;
- Contains unsolicited commercial communications, including but not exclusively intended websites that are unmistakable to promote another website;
- Contain Malicious content such as viruses or spyware.
We will not allow anything on your site which might be illegal, cause any type of damage, be deemed as spamming, scamming or might be harmful, distasteful, offensive or discriminatory in any way.
3. If Smallbiz-webs finds that you violate the above terms, or receive a complaint about this, Smallbiz-webs may intervene in order to terminate the violation and/or terminate your subscription immediately without written notice. In such cases, we will not refund any paid subscription fees under any circumstances.
4. If, in the opinion of Smallbiz-webs, any obstacles, damages or other hazards arise for the functioning of Smallbiz-webs third-party computer systems or third parties and / or services via the Internet, in particular by sending out e-mail or other data, leakage of personal data or viruses, trojans and similar software, Smallbiz-webs is entitled to take all measures that it reasonably considers necessary to address or prevent this hazard.
5. Smallbiz-webs is entitled at all times to report any criminal offenses detected.
- Smallbiz-webs can claim damages caused by violations of these codes of conduct. You indemnify Smallbiz-webs from all third-party claims relating to damages resulting from violations of these usage rules.
- There is a “cooling off” period of 14 days.
- Unless otherwise agreed, there is no explicit limit on the amount of content, storage or data traffic. If customer uses excessively much, Smallbiz-webs will contact customer to find a suitable solution.
- It is not permitted under any circumstances to create notices or advertisements on Smallbiz-webs without first having obtained the express written consent of Smallbiz-webs management team.
If your actions or your site is deemed to be responsible for any of the breaches as described above, we may close your site down, without refund and claim any damage or loss we may suffer, including legal fees from you.
Article 3. Availability and maintenance
1. Smallbiz-webs will endeavour to achieve quality and uninterrupted availability. However, Smallbiz-webs does not guarantee quality or availability. We are entitled to temporarily suspend availability for the purposes of emergency repair or maintenance.
2. Smallbiz-webs is actively managing your website. If maintenance is expected to reduce availability, Smallbiz-webs will perform this if the use of the service is relatively low. Maintenance will be announced in advance. Maintenance or repairs related to unforeseen circumstances may occur at any time and will not be announced in advance. We shall not be liable to you for any unavailability due to the act or omission of any third party supplier. If your website is unavailable at any time, you should contact us by email or phone and we shall make all reasonable efforts to promptly respond to you.
3. Smallbiz-webs may adjust Smallbiz-webs functionality from time to time. In addition, your feedback and suggestions are welcome, but ultimately, Smallbiz-webs will decide which adjustments they make or not. These adjustments may change the functioning of your website.
Although we strive to have your site up and running 100% of the time, it is physically not possible to guarantee it, so down time may occur due to emergency or planned maintenance or problems at a third party supplier. You can be assured we will keep you informed of any situation which might arise or any planned down time and please contact us if you find that your site might to be down.
Article 4. Intellectual Property
1. The Smallbiz-webs service, its' associated software as well as all information and images on the website is the intellectual property of Smallbiz-webs. These may not be copied or used in any way without the express written permission of Smallbiz-webs, except in cases where it is legally permitted.
2. Information (content such as text, photographs and videos) that you send us to use for your website, which is stored or processed through the service is and will remain your property (or that of your suppliers). Smallbiz-webs has a limited right to use this information for the service, including for future aspects thereof. You may revoke this right of use by removing the relevant information and / or terminating the agreement. For information (content such as text, photographs and videos) that we produce on your behalf for your website is and always will be Smallbiz-webs intellectual property. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right, together with the right to sub-license, to reproduce any and all copyright, trademarks, database rights and other intellectual property rights you have in all content we post on behalf of you on your website, in any media known now or in the future. You waive all moral rights you have in the content to the fullest extent permitted by law.
3. If you send information to Smallbiz-webs, service enhancements/improvements, you grant consequently to Smallbiz-webs an unlimited and perpetual right of use to use this information for the service. This does not apply to information that you emphatically mark as confidential.
4. Smallbiz-webs will not disclose any information that you store and / or distribute through Smallbiz-webs unless it is necessary for a good service, or Smallbiz-webs is required to do so by law or by a court order. In this case, Smallbiz-webs will endeavour to minimize the knowledge of the data in so far as possible.
Everything you supply to us to be used on the site we create and host for you will remain your property, everything else, inclusive of code or any object which might be subject to ownership we generate, program, create or acquire on your behalf for use on your site, will be and permanently remain the property of Smallbiz-webs.
All your confidential information will be treated as such and will only be divulged to any third party by order of a court of law or due to statutory legal obligation.
Article 5. Payment of the service
1. The payment of a subscription to Smallbiz-webs is a fee per year paid up front.
2. Unless expressly stated otherwise, all prices mentioned by Smallbiz-webs are exclusive of VAT and any other charges imposed by government.
3. Payment can be made by transferring the amount to Smallbiz-webs bank account, via iDeal payment, via PayPal, or according to the payment instructions on the website.
4. Because the service is delivered immediately, at your express request, it is not possible to undo a payment by calling on the Remote Purchase Act.
5. Smallbiz-webs will invoice the customer's invoices to customer electronically.
6. The payment period for an invoice is 30 days after the invoice date, unless otherwise agreed in writing.
7. If, after 30 days after the payment period the customer has not yet paid in full, he/she is automatically in default without requiring notice of default.
8. If customer is in default, customer's website may be inaccessible until the outstanding amounts are met.
Payment for Smallbiz-webs’ services is required upfront, for a full year. After the completion each year you can terminate the agreement, otherwise you will receive an invoice for the fee for the following year, which must be paid within 30 days of invoice. If you do not pay, Smallbiz-webs will disable your website. All service amounts mentioned on this site excludes VAT and any other charges imposed by government.
Article 6. Liability
1. Except in the event of intent or gross negligence, Smallbiz-webs liability is limited to the amount that you have paid for the 6 months prior to the time of the damage-causing event.
2. Smallbiz-webs is expressly not liable for indirect damage, consequential loss, loss of profits, lost savings and damage due to company stagnation.
3. Condition for any right to compensation is that you report the damage to Smallbiz-webs in writing within two months after discovery.
4. In case of force majeure, Smallbiz-webs is never held to compensate for the resulting damage. Force majeure is caused by interference or failure of the Internet, telecommunications infrastructure, power failures, domestic riots, mobilization, war, transport barriers, strike, exclusion, business disturbances, stagnation in supply, fire and flooding and all Acts of God and Acts of Nature.
5. Due to the nature of this service (“rent a website/Website-as-a-service”) we cannot transfer/migrate your website content to another provider.
Any financial claim you feel you might have against Smallbiz-webs which is not based on an action or omission by us with intent or gross negligence is limited.
Article 7. Request for domain name
1. The Customer may already have a domain name or register one with a third party and redirect it, with or without Smallbiz-webs’ assistance, to point to their new site which the Customer rents from Smallbiz-webs.
2. The Customer may request the transfer of an existing name it has the legal right to use, to Smallbiz-webs, in which event Smallbiz-webs will own it as though it was registered by itself.
3. If The Customer sign up with Smallbiz-webs, he/she can request Smallbiz-webs to apply with a registration authority of Smallbiz-webs preference, for the use and allocation of an available domain name for the use in association with the website Smallbiz-webs will create/ has created for the Customer.
4. A domain name Smallbiz-webs obtains on behalf of the Customer will by default be registered in its own name and be owned and managed by Smallbiz-webs.
5. If so preferred, the Customer can indicate in writing, when applying for a specific domain name, that it be registered in its own name, in which event the Customer has to supply all the required info for such registration to Smallbiz-webs. Smallbiz-webs will not be able to manage such a domain on the Customer’s behalf and will not be accountable for any future obligations or liabilities in respect of such a domain.
6. The Customer acknowledges that he/she realise that the application, grant and possible use of a domain name is subject to and are governed by the applicable rules and procedures of the relevant registrations institution or authority. Smallbiz-webs can therefore not guarantee the availably or use of any requested or utilised domain name by, for or in favour of the customer. Smallbiz-webs therefore performs the application and does not guarantee that an application is successful.
7. The Customer will receive acknowledgement from Smallbiz-webs if the application of the requested domain name was successful.
8. The Customer indemnifies Smallbiz-webs for all damages associated with the utilization of a domain name on behalf of or by customer, inclusive of existing domain names transferred to Smallbiz-webs from the customer at onset of the service agreement.
9. Smallbiz-webs is not liable for any kind of loss or damage a Customer might incur in the case of an unsuccessful application for a domain name, the cancellation thereof, obtaining of it by any third party or any restrictions which might be placed on it, except in case of intent or deliberate recklessness by Smallbiz-webs.
10. In case of termination of the customer's customer Agreement, Smallbiz-webs is fully entitled to terminate the domain name it is holding in its own name, or use it totally at its own discretion, without any accountability or compensation to the Customer.
You can have or obtain your own domain name for your website you rent from us and edit it to point to your new site (we will even assist you to set this up if needed). You can transfer your domain name to us or request us to obtain one for you, in which event we will be the owners of it and manage it for the duration of your contract with us. The name will stay with us after that to either terminate or reuse. As alternative you can request us to obtain one for you, but register it in your name, but then we will not be managing it or be taking any responsibility for it.
Article 8. Duration and termination
1. This agreement becomes effective as soon as you make use of the service for the first time and for an indefinite period.
2. If the agreement is a Subscription to Smallbiz-webs, it will automatically be renewed for one year unless it has been terminated in writing by either party within the 30-day notice period for automatic renewal.
3. After termination of the agreement as a result of termination, Smallbiz-webs will immediately cancel all functionalities of your subscription, meaning your website will be taken offline.
The contract will start as soon as you start making use of our service and will only terminate after 30 days from the date of one of the parties giving the other written notice of cancellation.
Article 9. Changes terms
1. Smallbiz-webs reserves the right to change these terms as well as the prices relating to a new payment period.
2. Smallbiz-webs will announce the changes or additions at least thirty days prior to commencement through the service so that you can take note of it.
3. If you do not wish to accept a change or supplement, you may terminate the agreement up to the date of entry in which these new changes take effect. Use of the service after such date is considered proof of your acceptance of the amended or supplemented terms.
Smallbiz-webs may change the terms and conditions of the service from time to time and notify you of such change. If you do not accept the change(s) you will be granted the opportunity to terminate the service prior to the new conditions taking effect.
Article 10. Other provisions
1. This agreement is governed by Irish/EU law.
2. In so far as the rules of compulsory law do not stipulate otherwise, all disputes relating to Smallbiz-webs will be submitted to the competent Irish court for the district in which Smallbiz-webs is located.
3. The version of communication or information as stored by Smallbiz-webs is deemed to be correct unless you provide proof of this.
5. Smallbiz-webs is entitled to transfer its rights and obligations from the agreement to a third party that takes over Smallbiz-webs or its services.
Irish/EU law will be applied in case of any interpretation is required or if legal action is taken in regards to the services rendered or/and the terms and conditions thereof.
Article 11. Definitions of used terms
- These terms and conditions include: Smallbiz-webs: trade name of the company Smallbiz-webs, based in Ireland, St. Rinoges, Ballinrea Road, Carrigaline, Co. Cork P43 XK85, company registration number 603272, VAT IE 1645957C.
- Subscription: The Agreement whereby one or more of the parties undertake to perform continuous or recurrent performance for a certain period of time (eg a 12-month contract).
- Customer: The natural or legal person with whom Smallbiz-webs has entered into an Agreement. Also referred to is the one who deals with or negotiates with Smallbiz-webs, as well as its representative (s), authorized representative (s), lawyer (s) and heirs.
- Services: The products and / or services that Smallbiz-webs will provide to Customer by signed agreement.
- Materials: All works, such as websites and (web) applications, software, house styles, logos, leaflets, brochures, leaflets, lettering, advertisements, marketing and / or communication plans, concepts, graphics, texts, sketches, documentation, advice, reports and other productions of the mind, as well as preparatory material thereof and (coded or not) files or data carriers on which the materials are located.
- Agreement: any agreement between Smallbiz-webs and customer pursuant to which Smallbiz-webs Services delivers to customer.
- Written: In addition to paper writing, e-mail and communication by fax, provided that the sender's identity and the integrity of the message are sufficiently fixed thereon and or attached to it.
What certain words mean in this Terms and Conditions.